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5A02 Lease Agreement SB Bike Garage Inc.
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5A02 Lease Agreement SB Bike Garage Inc.
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10/24/2024 11:28:57 AM
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10/24/2024 11:28:50 AM
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(a)Insubstantial Damage. If the Premises is damaged by fire or any other casualty <br />(the "Casualty Damage"), and the estimated cost to repair such Casualty Damage is less than <br />fifty percent (50%) of the estimated cost to replace the Premises, then Landlord shall repair <br />such Casualty Damage so long as sufficient insurance proceeds recovered as a result of such <br />Casualty Damage remain after deducting the amount of any expenses incurred in collecting <br />the insurance proceeds. Notwithstanding anything to the contrary set forth herein, in no event <br />shall Landlord be required to repair or replace: (1) the improvements to the Premises made <br />by Tenant; or (2) any trade fixtures, equipment, or inventory of Tenant (or any other person <br />or entity) located on, in, or about the Premises. <br />(b)Substantial Damage. If: (i) there is Casualty Damage to the Premises, and the <br />cost to repair such Casualty Damage is equal to or greater than fifty percent (50%) of the <br />estimated cost to replace the Premises; or (ii) there is Casualty Damage to the Building of <br />which the Premises is a part, and the cost to repair such Casualty Damage is equal to or greater <br />than twenty-five percent (25%) of the cost to replace the Building; then Landlord may elect <br />either to: (1) repair or rebuild the Premises, or the Building of which the Premises is a part; <br />or (2) terminate this Lease upon delivery of written notice to Tenant within ninety (90) days <br />after the occurrence of the Casualty Damage. <br />(c)Partial Abatement of Base Rent. Base Rent shall be abated proportionately <br />(based upon the proportion that the unusable space in the Premises due to the Casualty <br />Damage bears to the total space in the Premises) for each day that the Premises or any part <br />thereof is unusable by reason of any Casualty Damage. <br />(d)Repair of Tenant Improvements. If Landlord is required or elects to repair <br />the Premises, then Tenant shall repair or replace: (i) the alterations, improvements, and <br />additions to the Premises made by Tenant; and/or (ii) any equipment of Tenant located on, <br />in, or about the Premises. <br />(e)Notice. Tenant shall give Landlord prompt written notice of any Casualty <br />Damage in or to the Premises, or to the Common Areas of which Tenant has knowledge. <br />ARTICLE XI <br />SURRENDER <br />11.1. Surrender of Leased Premises. Except as herein otherwise expressly provided in <br />this Article XI, Tenant shall surrender and deliver up the Premises, together with all property <br />affixed to the Premises, to Landlord at the expiration or other termination of this Lease or of <br />Tenant's right to possession hereunder, without fraud or delay, in good order, condition and repair <br />except for reasonable wear and tear after the last necessary repair, replacement, or restoration is <br />made by Tenant, free and clear of all liens and encumbrances, and without any payment or <br />allowance whatsoever by Landlord on account of any improvements made by Tenant. <br />11.2. Removal of Certain Property. All moveable equipment and furniture furnished by <br />or at the expense of Tenant shall be removed by or on behalf of Tenant at or prior to the expiration
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